AG: It would be advisable to start making necessary preparations to process same sex marriage license apps and issue licenses accordingly


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The Indiana Attorney General has sent an “important communication” to all Indiana Circuit Court Clerks:

Important Communication from the Indiana Attorney General

(October 6, 2014) – Please accept this communication as an update to your office relating to the same sex marriage cases that the Office of Attorney General has been handling on behalf of the state.

Today the U.S. Supreme Court announced that it had denied the state’s request to hear an appeal of the decision made last month by the 7th Circuit Court of Appeals. That denial of the state’s request means that the 7th Circuit will issue a “mandate” very soon that will implement the injunction issued by Chief Judge Young in June. As soon as that mandate is issued – and it could be as early as today – county clerks will be prohibited from denying marriage licenses to same sex couples so long as all other marriage license requirements are met. It would be advisable to start making necessary preparations to process marriage license applications and issue licenses accordingly.

The Indiana State Department of Health is in the process of making appropriate updates to the electronic marriage license processing system. County clerks who utilize the electronic system can enter information for same sex applicants consistent with the orders of the court. Additionally, clerks who still utilize the paper forms can cross out the listings for “husband” and “wife” as appropriate in order to follow the orders of the court.

Additional communication from this office will be sent as soon as possible to provide updates regarding the mandate as well as the marriage license processing system.


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